Last week, I discussed the right to quiet enjoyment, and explained that every rental agreement contains an implied covenant of quiet enjoyment. This week, I will discuss remedies available in the event that the right to quiet enjoyment is breached.
Here is a non-exclusive list of possible remedies that might be available to tenants if the landlord breaches the implied covenant of quiet enjoyment in California:
- A civil penalty of not more than $2,000 for each act
- Damages for lost profits
- Damages for lost business good will
- Moving expenses
- Injunctive relief
- Constructive eviction
- The tenant might also be able to bring tort claims for trespass, negligent and intentional invasion of privacy, negligent and intentional infliction of emotional distress, and negligence
- The tenant may need to vacate the property before suing for a breach of the implied covenant of quiet enjoyment
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.